Section 236: To whom administration may not be granted

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 236

Section 236 imposes statutory disqualifications, prohibiting the grant of Letters of Administration to any person who is a minor or of unsound mind, nor to an association of individuals unless it is a company.

  • Disqualification of Minors and Lunatics: Letters of administration cannot be granted to any person who is a minor or of unsound mind.
  • Bar on Unincorporated Associations: Cannot be granted to an association of individuals unless it is an incorporated company satisfying High Court regulatory rules.
  • Parity with Probate Disqualifications: Creates identical statutory disqualification standards for administrators under Section 236 as are imposed on executors under Section 223.
Key Landmark Precedents:
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: The Supreme Court held that the disqualifications under Section 236 are absolute and jurisdictional, preventing court appointment of legally incompetent administrators.
  • Clarence Pais v. Union of India (2001) 4 SCC 325: Affirmed that administrative integrity across all succession grants is safeguarded by strict disqualification filters.
Courtroom Practice & Strategic Litigation Guidance:

Where the sole heir entitled to administration is a minor, the petition must not be filed in the minor's name; counsel must file under Section 244 or Section 246 for letters of administration during minority for the use and benefit of the minor.